LAWG 220D1 Lecture Notes - Lecture 1: Natural Person, Concurrent Estate
23 Dec 2018
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People tend to get along well when property values are low, but if people see the property as an investment, things get more difficult. The principal modalities of ownership are co-ownership and superficies: 1010. Co-ownership is ownership of the same property, jointly and concurrently, by several persons each of whom is privately vested with a share of the right of ownership. Co-ownership is called undivided where the right of ownership is not accompanied by a physical division of the property. Allice v potashner (1988: 1956: mrs. allice & mrs. potashner each hold a 50% share in the building, 1956: agreement on occupation, maintenance, and expenses ;allice lives below potashner, 1977: potashner has rented out her part since 1977. They can"t divide it because lots of things connected (eg electricity) For other authorized expenses, he is entitled, at the time of partition, to an indemnity equal to the capital gain given to the property.
